Text
Defendant
A Imprisonment of three years and six months and fine of 50,000,000 won, and Defendant B shall be punished by imprisonment of one year, respectively.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A worked as the head of the International Business Department from June 22, 2009 to February 12, 2010 (State) and was in charge of the transaction order, block trade, etc. of foreigners.
1. On October 2009, Defendant A received the request from Defendant B, working in (ju) I M&A Team, from Defendant B, for the purchaseer of the block with respect to 4 million common shares, with respect to (ju) J common shares, and agreed that Defendant B will with the block with a cash of KRW 50 million, if he wanted to do so.
After that, around 16:00 on October 30, 2009, Defendant A received cash of KRW 50 million in return for the repair of the block with the above block with the elevator front of the second floor parking lot of (ju) H located in Yeongdeungpo-gu Seoul Metropolitan Government (K), from Defendant B.
As a result, Defendant A received KRW 50 million in relation to his duties as an employee of financial company.
2. Defendant B delivered KRW 50 million in cash to Defendant A in return for the ending of the block at the time and place described in the above 1.1. At the time and place, Defendant B provided KRW 50 million in connection with his duties to employees of the financial company.
Summary of Evidence
1. Defendant B’s legal statement (as of the date of sale 2.) and Defendant A’s partial legal statement
1. The legal statement of the witness B (the fact of paragraph 1.) and the witness L's legal statement;
1. Each protocol of suspect examination of Defendant B by prosecution;
1. Each prosecutor's statement concerning M and N;
1. A copy of investigation records (No. 2012 type No. 65648, each protocol of suspect examination of the prosecution against M, each protocol of suspect examination of the prosecution against N by the public prosecutor, written statements prepared by the public prosecutor, No. 3 through No. 7 of the evidence list), I block with advisory contract, employment contract, video CD (Evidence No. 17, 24, 52 of the evidence list); and
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 5(4)2 and (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes [However, the upper limit of the punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)] and Article 5(5)
B. Defendant B: